Section 72-0401. Definitions

When used in this title:
    1.  "Characteristic hazardous waste" means a waste which satisfies the
  characteristics promulgated by the commissioner pursuant to  title  nine
  of  article  twenty-seven  of  this  chapter and is not listed hazardous
  waste as defined in subdivision ten of this section.
    2. "Disposal" means the abandonment,  discharge,  deposit,  injection,
  dumping,  spilling,  leaking  or  placing  of any substance so that such
  substance or any related constituent thereof may enter the  environment.
  Disposal  also means the thermal destruction of waste or hazardous waste
  and the burning of such wastes as fuel for  the  purpose  of  recovering
  useable energy.
    3.  "Facility  operator"  means  the person who is responsible for the
  operation of a treatment, storage or disposal  facility  as  defined  in
  subdivision sixteen of this section.
    4.  "Facility owner" means the person who owns a facility or part of a
  facility.
    5. "Generator" means  any  person,  by  site,  whose  act  or  process
  produces  hazardous waste or whose act first causes a hazardous waste to
  become subject to regulation.
    6. "Hazardous waste" means a waste identified or listed  as  hazardous
  pursuant to title nine of article twenty-seven of this chapter.
    7.  "Hazardous waste generation" means the act or process of producing
  hazardous waste.
    8. "Incinerator" means  an  enclosed  device  using  controlled  flame
  combustion,  the  primary  purpose  of  which is to thermally break down
  solid,  liquid,  or  gaseous  combustible  hazardous  wastes,  producing
  residue that contains little or no combustible materials.
    9.  "Landfill"  means  a disposal facility or part of a facility where
  solid waste, including hazardous waste, is placed in  or  on  land,  and
  which  is  not  a  land treatment facility, a surface impoundment, or an
  injection well.
    10. "Listed hazardous waste" means a waste which appears on  the  list
  promulgated  by  the  commissioner  pursuant  to  title  nine of article
  twenty-seven of this chapter.
    11. "Person" means an individual, trust, firm,  joint  stock  company,
  corporation   (including   a   government   corporation),   partnership,
  association,  state,  federal  government  and   any   agency   thereof,
  municipality,  commission,  political  subdivision  of  a  state, or any
  interstate body.
    12. "State hazardous waste program"  means  those  activities  of  the
  department  as  specified  in  titles  three, seven, nine, and eleven of
  article twenty-seven of this chapter related to hazardous waste and  any
  related enforcement activities.
    13.  "Storage"  means  the containment of hazardous waste, either on a
  temporary basis or for a period of years, in such a  manner  as  not  to
  constitute disposal of such hazardous waste.
    14. "Surface impoundment" or "impoundment" means a facility or part of
  a  facility  which  is  a  natural  topographical  depression,  man-made
  excavation,  or  diked  area  formed  primarily  of  earthen   materials
  (although it may be lined with man-made materials), which is designed to
  hold  an  accumulation  of solid waste in semi-solid or liquid form, and
  which is not an injection well.
    15. "Treatment" means any method,  technique,  or  process,  including
  neutralization,  designed to change the physical, chemical or biological
  character or composition of any hazardous waste so as to neutralize such
  waste or as to render such  waste  nonhazardous,  safer  for  transport,
  amenable for recovery, amenable for storage, or reduced in volume.

    16.  "Treatment, storage or disposal facility" or "facility" means all
  contiguous land and structures, other appurtenances and improvements  on
  the  land, used for treating, storage or disposing of hazardous waste. A
  facility  may  consist  of  several  treatment,  storage   or   disposal
  operational  units.  For  purposes  of this title, a facility subject to
  regulation under section 307(b) of the Clean  Water  Act  shall  not  be
  assessed a separate fee for the pre-treatment of hazardous wastes.
    17.  "Environment"  means  any  water, water vapor, any land including
  land surface or subsurface, air, fish, wildlife,  biota  and  all  other
  natural resources.
    19. "Wastewater" means liquid waste that contains:
    a. a minimum of ninety-five percent water by weight, and
    b. a maximum of one percent by weight of total organic carbon, and
    c. a maximum of one percent by weight of total suspended solids (i.e.,
  total filterable solids).